Victorian Consolidated Legislation

Courts (Case Transfer) Act 1991 - SECT 40

Reserve Judges (Supreme Court)

40. Reserve Judges (Supreme Court)



(1) In section 80A of the Constitution Act 1975, after subsection (5) insert-



"(5A) A Judge who makes an election under this section must not, without the
consent in writing of the Chief Justice-

   (a)  hold any office or place of profit under the Crown in right of the
        Commonwealth or of a State; or

   (b)  engage in the practice of the profession of a barrister or solicitor
        in any State or Territory of the Commonwealth; or

   (c)  be employed by any barrister or solicitor in connection with the
        barrister or solicitor's practice in any State or Territory of the
        Commonwealth.

(5B) The doing by a Judge who makes an election under this section of anything
referred to in subsection (5A) without having first obtained the consent in
writing of the Chief Justice must be taken to constitute in law the
resignation of the Judge from the office of Judge.

(5C) Unless the Governor in Council by Order otherwise determines in any
particular case the right of a Judge who makes an election under this section
to a payment under subsection (5)(a) shall be suspended while-

   (a)  he or she holds any office or place of profit under the Crown in right
        of the Commonwealth or of a State; or

   (b)  he or she is engaged in the practice of the profession of a barrister
        or solicitor in any State or Territory of the Commonwealth; or

   (c)  he or she is employed by any barrister or solicitor in connection with
        the barrister or solicitor's practice in any State or Territory of the
        Commonwealth.".

(2) In section 84 of the Constitution Act 1975, after subsection (4) insert-



"(5) This section does not apply to a Judge who has made an election under
section 80A.".